The Borough hereby establishes a program for
reduction of the amount of solid waste and for conservation of recyclable
materials by the separation and collection for recycling of used newspaper,
paper, cardboard, glass, cans and leaf waste from residential, commercial
and institutional establishments in the municipality.
This article is adopted pursuant to Section
1501 of Act 1988-101, approved July 28, 1988, by the Governor of the State of
Pennsylvania.
[Amended 8-1-1996 by Ord. No. 1248]
As used in this article, the following terms
shall have the meanings indicated:
ALUMINUM
The lightweight ductile and malleable metallic substance
or element commonly known as aluminum food and beverage cans. This
description does not include aluminum foil, trays and plates and miscellaneous
aluminum products.
APARTMENT COMPLEX
Four or more units located on a single property or contiguous
properties under common ownership or management. For this purpose,
"apartment" means an enclosed space that consists of one or more rooms
occupying all or part of a floor or floors in a building of one or
more floors or stories, but not the entire building, and that is designed
for use as a residence.
BIMETALLIC
Containing two or more metallic materials.
CANS
Containers comprised of aluminum, tin, steel or a combination
thereof, which contain or formerly contained only nonaerosol substances.
CARDBOARD
All corrugated or other cardboard normally used for packing,
mailing, shipping or containing goods, merchandise or other material,
but excluding plastic, foam or wax-coated or soiled cardboard.
COMMINGLED
Source-separated, nonputrescible, recyclable materials that
have been mixed at the source of generation (i.e., placed in the same
container).
COUNTY
The County of Delaware, State of Pennsylvania.
COUNTY PLAN
The District Solid Waste Management Plan for Delaware County
as approved by the Pennsylvania Department of Environmental Protection.
GENERAL REFUSE
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid or semisolid material generated
in residential, municipal, commercial or institutional establishments
and from community activities, and other solid waste which is within
the definition of "municipal solid waste," as set forth in the Pennsylvania
Solid Waste Management Act of 1980 (35 P.S. § 6018.101 et
seq.), as amended.
GLASS
The hard, brittle, transparent or partially transparent substance
produced by fusion of silica and silicates or sand containing soda,
lime and/or other chemical and substances usually or conveniently
included in the manufacture of glass, and shall include all materials
commonly known as glass bottles or containers. This definition also
includes all food and beverage containers made of glass of one gallon
or less capacity, but excludes blue glass, ceramics, pottery and flat
glass commonly known as "window" or "plate" glass.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
MUNICIPALITY
The Borough of Yeadon located within the County of Delaware,
State of Pennsylvania.
MUNICIPAL RECYCLING PLAN
The recycling plan developed by and for the municipality
in accordance with Act 1988-101. The municipal recycling plan sets forth the materials
to be recycled within the municipality, the method for collection
and disposition of said recyclables, the recovery rate goals and the
publicity and education measures to be used to promote recycling.
NEWSPAPER and NEWSPRINT
Paper of the type commonly referred to as newsprint and distributed
at stated intervals, usually daily or weekly, having printed thereon
news and opinions and containing advertisements and other matters
of public interest. Magazines and periodicals, as well as all other
paper products of any nature, are not considered newspaper.
PAPER
All newspaper, high-grade office paper, fine paper, bond
paper, office paper, xerographic paper, duplication paper, computer
paper and similar cellulosic material, but excludes wax paper, plastic
or foil-coated paper, envelopes with glassing windows, carbon paper,
blueprint paper, food-contaminated paper, soiled paper, magazines,
catalogs, junk mail, telephone books and cardboard.
PERSON
Any individual, firm, partnership, corporation, association,
cooperative enterprise, municipality, municipal authority, the federal
government or any of its agencies, a state institution or agency or
any other local entity whatsoever which is recognized by law as the
subject of rights and duties. In any provisions of this article prescribing
a fine, penalty or imprisonment, or any combination of the foregoing,
the term "person" includes the officers and directors of any corporation
or other legal entity having officers and directors.
PUBLIC AWARENESS PROGRAM
A program developed and provided by the municipality to inform
and encourage residents to use the recycling collection services.
RECYCLABLE MATERIALS
All paper, glass, metal cans (aluminum, steel, bimetallic)
as defined herein and/or other such material as may be defined by
the municipality.
RECYCLING
Any process by which materials, which would otherwise become
solid waste, are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
RECYCLING COLLECTION SERVICES
Those services to be performed by a contractor as follows:
A.
The collection of recyclable materials from
locations within the municipality;
B.
The processing of recyclable materials as applicable;
and
C.
The marketing of recyclable materials.
RECYCLING CONTAINER
Approximately a twenty-five-gallon container with a lid made
of rigid plastic construction, provided by the municipality for the
storage of recyclable materials.
RECYCLING DROPOFF
Any facility designed and operated solely for the receiving
and storing of source-separated nonputrescible metal, glass, paper,
plastic containers and cardboard.
RESIDENT
Any human being residing within the municipality on a temporary
or permanent basis, but excludes persons residing in hotels or motels.
SOLID WASTE
Waste, including, but not limited to, municipal, commercial,
institutional or industrial waste.
SOURCE SEPARATE
To separate recyclable materials from the solid waste stream
at the point of waste generation.
STEEL
Ferrous metal food or beverage containers commonly known
as "tin cans."
All recyclables placed at the roadside by residents for collection pursuant to the curbside program established in §
261-26 shall be prepared for collection in accordance with the following:
A. All paper shall be placed in paper bags or tied in
bundles not exceeding 35 pounds in weight nor one foot in thickness.
B. Glass containers shall have caps and lids removed.
C. Glass and cans shall be rinsed free of contaminants.
D. Glass and cans shall be placed in a container to be
provided by the municipality. Plastic garbage bags shall not be utilized
as containers for glass or cans.
E. No material shall be placed at the roadside earlier
than the evening of the day preceding a scheduled collection day.
Material must be placed at the roadside by 7:00 a.m. on the scheduled
collection day. The bundled paper and the container of glass and cans
shall be placed at the roadside for collection adjacent to one another
and clearly separated from containers of solid waste.
[Added 8-1-1996 by Ord. No. 1248]
A. Residents provided with municipal waste collection
services implemented by the Borough shall be required to separate
from other waste placed for collection the following recyclable items:
(1) Commingled items such as glass (clear or colored),
food or beverage containers, aluminum, steel and bimetallic cans and
plastic food or beverage containers;
(2) Newspaper and/or newsprint; and
(3) Leaf waste, including loose-leaf waste pickups at
curbside for Borough refuse system participants between October 15
and December 6. Pickups will be scheduled to coincide with the Borough
street-sweeping schedule during this period.
B. Residents, commercial businesses and institutions
not provided with municipal waste collection services implemented
by the Borough shall be required to separate from other waste placed
for collection the following recyclable items:
(2) At least three items generated at their dwelling units,
chosen from the following: glass (clear or colored), food or beverage
containers, aluminum, steel and bimetallic cans, high-grade office
paper, newspaper and/or newsprint, corrugated paper and plastic food
or beverage containers.
C. An owner or landlord or agent of an owner or landlord
of a multiunit residential, commercial, institutional or industrial
property and any condominium, planned residential development or cluster
development, where such complex is comprised of four or more units,
shall establish a collection system for recyclable materials at such
complex. The collection system must include suitable containers for
the collection and separation of materials, easily accessible locations
for the containers and written instructions to the occupants concerning
the use and availability of the collection system.
D. Hazardous waste, hazardous waste containers and improper
recyclables shall not be placed for pickup with recyclable items.
It is the responsibility of the person required to separate recyclable
items to arrange for the disposition of hazardous waste as required
by law and the provisions of this article.
E. An owner or landlord or agent for an owner or landlord
of a commercial, institutional or industrial establishment or residential
dwelling not receiving recycled waste collection services from the
Borough shall annually report to the Department of Public Works the
total number of tons of municipal waste which have been recycled in
the previous year, on a form and in such time and manner as prescribed
by the Borough for such purpose. Such owner, landlord or agent shall
have a written contract with the person providing recycled waste collection
services and shall make it available to the Public Works Department,
together with such other evidence or information as the Borough deems
appropriate to confirm the information reported.
The municipality shall establish and sustain
a comprehensive public information and education program explaining
the features and requirements of the recycling program. The municipality
shall at a minimum give at least 30 days' public notice prior to the
initiation of the recycling program and provide periodic public notice
of the requirements of the program every six months thereafter to
all persons occupying residential, commercial, institutional and municipal
premises within its boundaries.
The municipality, or any other person collecting
solid waste generated within the municipality, may refuse to collect
solid waste from any person who has clearly failed to source-separate
recyclables designated under an applicable section of this article.
Notwithstanding anything in this article to
the contrary, any resident of the municipality may donate or sell
any recyclable to any other person, whether operating for profit or
not for profit; provided, however, that the person receiving the recyclable
shall not under any circumstances collect the donated or sold material
from the roadside or from a recycling dropoff without prior written
permission from the municipality for such collection.
The terms and provisions of this article are
to be liberally construed so as best to achieve and effectuate the
goals and purposes hereof.
Whoever violates or fails to comply with any
of the provisions of this article shall be fined not less than $25
nor more than $1,000 or imprisoned in the county jail for not more
than 90 days, or both. A separate offense shall be deemed committed
each day during or on which a violation or noncompliance occurs or
continues.